Humans often don’t evaluate an experience in light of how good it is, but rather against how much it met/failed to meet/exceeded our expectations. And on that front, the Supreme Court’s decision in Minister of Citizenship and Immigration v Vavilov delivered in spades. After years of lamenting administrative law decisions coming from the Supreme Court, we have what looks like ...
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Vavilov: A Step Forward
Today, the Supreme Court of Canada released its decisions in Vavilov and Bell/NFL. I have previously summarized the facts of these cases and analyzed them here (Vavilov) and here (Bell/NFL). Overall, today’s decisions (a 7-2 decision, Abella and Karakatsanis JJ concurring in result) are a net positive for the law of judicial review in Canada. The Court has done a ...
Read More »Why ARL is Seeking Leave to Intervene in the Standard of Review Appeals
On August 30, 2018, Advocates for the Rule of Law brought a motion for intervention at the Supreme Court of Canada in three appeals: Minister of Citizenship and Immigration v Vavilov,[i] Bell Canada v. Canada (Attorney General),[ii] and National Football League v. Canada (Attorney General).[iii] In a rare move, the Court’s judgment granting leave to appeal elaborated as follows: The ...
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